State Govt Can Take Action Against IPS/IAS Officers Serving In Their Territory: Centre Tells Calcutta High Court

The Calcutta High Court on Thursday was told by Additional Solicitor General Ashok Kr Chakrabarti appearing for the central government, that the Department of Personnel and Training was not the competent authority to take action against IPS/IAS/IFS officers deployed in various states.

The ASG submitted a circular dated 24th October by the Ministry of Home Affairs, to a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya.

It was submitted that in cases where action is to be taken against an IPS/IAS or IFS officer, the state in which the officer is serving would be competent to take such action.

These developments came in a plea seeking action against former commissioner of police Vineet Goyal, who had allegedly revealed the name of the trainee doctor who was brutally raped and murdered in RG Kar Medical College and Hospital.

It was submitted that despite clear directions by the Supreme Court to maintain the privacy of sexual assault victims, the then-commissioner of police revealed the name of the victim, resulting in a dereliction of duty.

Accordingly, the court took on record the union's submissions and directed the respondents to file their affidavits in opposition. The next hearing was listed for 23rd December.

Case: ANAMIKA PANDEY VS VINEET KUMAR GOYAL AND ORS

Case No: WPA(P)/389/2024